HomeNews Legal News Ontario Medical Body Releases Policy on Physician Behaviour in Legal Proceedings

Aug 11, 2021 in News --> Legal News

Ontario Medical Body Releases Policy on Physician Behaviour in Legal Proceedings

medical malpractice lawyers, medical malpractice lawyer

In June, the Council of the College of Physicians and Surgeons of Ontario published a comprehensive list of expectations – a ‘policy’ – for physicians providing third-party medical reports and testimony or independent medical examinations (IME) relating to insurance benefits, government benefits and programs, employment, educational programs, legal proceedings, etc. The policy is of interest to every plaintiff- and defence-side medical malpractice lawyer in Ontario, as it seeks to ensure fair and reasonable behaviour by physicians providing testimony or evidence in legal disputes.

You can review the full policy here. 

The policy includes guidance on physicians’ obligations and role in the above-mentioned proceedings, on patient privacy and consent, and more. Below are some of the items that are of most interest to the average medical malpractice lawyer:

  • Treating physicians must provide third-party medical reports about current and former patients when requested, unless they are no longer active
  • Treating physicians must provide testimony about current and former patients when ordered by subpoena, summons, etc.
  • Physicians must disclose perceived or potential conflicts of interest to requesting parties, and then determine no conflict exists
  • Physicians must only accept requests to conduct independent medical examinations if the matter falls within their scope of practice and areas of expertise AND they have the requisite skill, knowledge, and judgment
  • Physicians must only act as medical experts if the matter falls within their scope of practice and area of expertise AND they have the requisite skill, knowledge, and judgement
  • Physicians must understand their role in proceedings and communicate that role to subjects they interact directly with
    • The policy also confirms that the physician’s role is to provide information and/or opinions for the third party/third party process, not decide how information and/or opinions is used
  • Physicians must receive express consent from subjects to conduct an IME and collect, use, and/or disclose their personal information UNLESS they are required by law to proceed without consent
  • Physicians must conduct IMEs and provide third-party medical reports and testimony that are within their scope of practice and area of expertise; comprehensive and relevant; fair, objective, and non-partisan; transparent, accurate, timely and clear.

Contact Neinstein Personal Injury Lawyers

If you or a member of your family has been injured in a medical setting, contact Neinstein Personal Injury Lawyers today to schedule a free, no-obligation consultation with an experienced medical malpractice lawyer. Our team will review your case and provide honest, straightforward guidance during your recovery.

 

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